Proving liability in a car accident is the basis for your ability to recover damages or money after you’ve been in a car accident. Without the other driver being liable, there generally is no recovery. 

Understanding the various ways someone can be at fault in causing an accident  is vitally important to prove in your case. Contributing factors such as texting while driving, being distracted while driving, fatigue while driving, conditions on the roadway, or drunk driving, all play important roles in determining liability. 

In order to prove who is at fault for the accident, a process called “discovery“ must be undertaken. Discovery is the legal process by which parties gather information about each other relevant to the lawsuit. For instance, the driving record of the other driver, any tickets the driver was issued following the accident, any prior accidents the driver has been in, medical bills Incurred as a result of the accident, and even the other driver’s cellular phone records. Cellular phone records are important because it will tell you if the other driver was operating their cell phone at the time of the accident.

In addition to police reports and medical records, witnesses will need to be interviewed, photographs of the accident scene will need to be taken, and photographs of your vehicle and the other drivers vehicle will need to be obtained to show the extent of the damages caused by the accident.

There’s a lot of work to do following an accident. It is important to begin the process quickly to secure your rights. If you’ve been in an accident do not hesitate to contact me. McAllen Personal Injury personal injury attorney